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Defense attorney: Southport officer had no choice but to shoot teen

Bryon Vassey's attorney, James Payne, outlined his defense for his client on Wednesday. Vassey was indicted Monday on a charge of voluntary manslaughter in connection with the Jan. 5 shooting death of 18-year-old Keith Vidal.

Published: Wednesday, February 5, 2014 at 6:07 p.m.

Last Modified: Wednesday, February 5, 2014 at 10:52 p.m.

Southport Police Department Detective Bryon Vassey had no choice but to open fire on 18-year old Keith Vidal on Jan. 5 and was justified to do so, Vassey’s attorney James Payne said Wednesday.

“Detective Bryon Vassey exercised the only morally, legally justified duty of protecting the life of a fellow officer and that sadly (ended) the life of young Mr. Keith Vidal,” Payne said during a press conference.

Unlike at least one other officer at the scene who was carrying a nonlethal Taser, Payne said, Vassey’s only available force was his service-issued firearm.

So when Vassey saw Vidal swinging a pick hand tool at Boiling Spring Lakes Officer John Thomas’ head, no option was available to the detective than to shoot Vidal, Payne said.

Vidal, whose parents called police because he was suffering from a schizophrenic episode, died shortly after Vassey shot him.

Vassey was indicted on one count of voluntary manslaughter by a Brunswick County grand jury on Monday and posted a $50,000 bond late Tuesday.

During a press conference on Tuesday, Brunswick County District Attorney Jon David said after reviewing the N.C. State Bureau of Investigation’s case file, he “realized that a crime almost certainly occurred, that this was quote unquote a bad shoot and that it needed to be put in front of a grand jury.”

The SBI investigation is largely finished, but there are still a few loose ends, a spokeswoman said Tuesday.

Payne also took exception with David’s statement that the incident was “a bad shoot.”

“As far as we know, we don’t know what the SBI has said because those matters are still confidential,” Payne said, “and there has been no jury that has said anything about Detective Bryon Vassey. A grand jury has found probable cause.”

After the grand jury recommended the district attorney seek a voluntary manslaughter charge against Vassey on Monday, a bond hearing immediately took place.

Among the facts that emerged during that hearing, Payne said, was Vassey’s mother-in-law lives with him and was diagnosed 17 years ago with schizophrenia, the same illness Vidal was battling.

“(Vassey) had personal experience with schizophrenia,” Payne said.

The defense also outlined a different version of events than David or Vidal’s family, much of which hinged on a body microphone worn by Thomas. It was unclear, Payne said, whether the grand jury heard the microphone recording.

Vassey was called to Vidal’s President Drive home for a mental health call because of a mutual aid agreement between Southport and Boiling Spring Lakes, Payne said.

Before Vassey arrived, the body mic worn by Thomas recorded Mark Wilsey, Vidal’s stepfather, telling the 18-year-old, “Keith, you’re not doing right. Your mama is scared to death. You’re not doing what the officers told you to do,” Payne said.

During the same period of time, after Thomas arrived and before Vassey got there, the Southport detective was advised the situation was urgent, Payne said.

Upon arrival, Payne said, Vassey asked Thomas to tell Vidal to drop the pick he was holding and, if he failed to do so, to tase him.

“Immediately thereafter, young Mr. Vidal darted out of the hall in which they were standing and then turned around and charged the two officers,” Payne said.

A statement released by Vidal’s family on Jan. 6 said Vidal tried to flee into a nearby bathroom, but did not mention anything about whether he turned around.

After the taser’s five-second cycle wore off, Vidal tried to stand, Payne said, which is when Thomas charged him and tried to wrest the pick away. The family’s initial sequence of events had stated both officers were holding Vidal down while Wilsey tried to grab the screwdriver or pick in the teen’s hand.

Thomas, Payne said, was “overcome with shock” at Vidal’s strength.

“(Thomas) had seen Keith Vidal before, he had been called out there before,” Payne said. “... Keith Vidal was not the same individual this time. He wasn’t the same as he had been before, extremely different personality.”

Vassey called for Vidal to be tased again, Payne said, but Lewis’ taser malfunctioned.

Vidal’s family’s statement alleged not only that Vassey called for the teen to be tased again, but said, “We don’t have time for this.”

“That statement was supposed to have been made as Detective Vassey approached the two officers there confronting Mr. Vidal,” Payne said. “That statement is not on the body mic.”

During the struggle on the floor, Thomas’ chest, which was protected by some kind of protective vest, was “tapped or thumped with the hand holding the pick,” Payne said.

Vassey, standing nearby, saw a blow to Thomas’ head or neck get blocked, Payne said. Then another blow came toward Thomas’ unprotected head.

At that moment, Vassey shot Vidal in the chest.

Vassey was carrying only his service firearm Jan. 5 because detectives aren’t required to carry department-issued Tasers when they’re in plain clothes, said Jerry Dove, Southport’s police chief.

According to Payne, Thomas’ microphone picked up Vassey, in the moments immediately after the shooting, even as paramedics were rushing into the house, saying, “I had no choice.”

“I know, I know,” Thomas said.

Vassey has been on paid administrative leave since the incident.

Dove added he expects to meet with Brunswick County District Attorney Jon David before making a decision about Vassey’s employment status within the Southport Police Department.

“Any person who had been through this sort of tragic incident is just extremely emotional about what they had to do in the course of their duty, the consequences that had to tragically occur and that they had to do what they had to do,” Payne said.

<p>Southport Police Department Detective Bryon Vassey had no choice but to open fire on 18-year old Keith Vidal on Jan. 5 and was justified to do so, Vassey's attorney James Payne said Wednesday.</p><p>“Detective Bryon Vassey exercised the only morally, legally justified duty of protecting the life of a fellow officer and that sadly (ended) the life of young Mr. Keith Vidal,” Payne said during a press conference.</p><p>Unlike at least one other officer at the scene who was carrying a nonlethal Taser, Payne said, Vassey's only available force was his service-issued firearm.</p><p>So when Vassey saw Vidal swinging a pick hand tool at Boiling Spring Lakes Officer John Thomas' head, no option was available to the detective than to shoot Vidal, Payne said.</p><p>Vidal, whose parents called police because he was suffering from a schizophrenic episode, died shortly after Vassey shot him. </p><p>Vassey was indicted on one count of voluntary manslaughter by a Brunswick County grand jury on Monday and posted a $50,000 bond late Tuesday.</p><p>During a press conference on Tuesday, Brunswick County District Attorney <a href="http://www.starnewsonline.com/section/topic9984"><b>Jon David</b></a> said after reviewing the N.C. State Bureau of Investigation's case file, he “realized that a crime almost certainly occurred, that this was quote unquote a bad shoot and that it needed to be put in front of a grand jury.”</p><p>The SBI investigation is largely finished, but there are still a few loose ends, a spokeswoman said Tuesday.</p><p>Payne also took exception with David's statement that the incident was “a bad shoot.”</p><p>“As far as we know, we don't know what the SBI has said because those matters are still confidential,” Payne said, “and there has been no jury that has said anything about Detective Bryon Vassey. A grand jury has found probable cause.”</p><p>After the grand jury recommended the district attorney seek a voluntary manslaughter charge against Vassey on Monday, a bond hearing immediately took place.</p><p>Among the facts that emerged during that hearing, Payne said, was Vassey's mother-in-law lives with him and was diagnosed 17 years ago with schizophrenia, the same illness Vidal was battling.</p><p>“(Vassey) had personal experience with schizophrenia,” Payne said.</p><p>The defense also outlined a different version of events than David or Vidal's family, much of which hinged on a body microphone worn by Thomas. It was unclear, Payne said, whether the grand jury heard the microphone recording.</p><p>Vassey was called to Vidal's President Drive home for a mental health call because of a mutual aid agreement between Southport and Boiling Spring Lakes, Payne said.</p><p>Before Vassey arrived, the body mic worn by Thomas recorded Mark Wilsey, Vidal's stepfather, telling the 18-year-old, “Keith, you're not doing right. Your mama is scared to death. You're not doing what the officers told you to do,” Payne said.</p><p>During the same period of time, after Thomas arrived and before Vassey got there, the Southport detective was advised the situation was urgent, Payne said.</p><p>Upon arrival, Payne said, Vassey asked Thomas to tell Vidal to drop the pick he was holding and, if he failed to do so, to tase him.</p><p>“Immediately thereafter, young Mr. Vidal darted out of the hall in which they were standing and then turned around and charged the two officers,” Payne said.</p><p>A statement released by Vidal's family on Jan. 6 said Vidal tried to flee into a nearby bathroom, but did not mention anything about whether he turned around.</p><p>After Vidal charged, Brunswick County Sheriff's Office Deputy Samantha Lewis tased Vidal, Payne added. </p><p>After the taser's five-second cycle wore off, Vidal tried to stand, Payne said, which is when Thomas charged him and tried to wrest the pick away. The family's initial sequence of events had stated both officers were holding Vidal down while Wilsey tried to grab the screwdriver or pick in the teen's hand.</p><p>Thomas, Payne said, was “overcome with shock” at Vidal's strength.</p><p>“(Thomas) had seen Keith Vidal before, he had been called out there before,” Payne said. “... Keith Vidal was not the same individual this time. He wasn't the same as he had been before, extremely different personality.”</p><p>Vassey called for Vidal to be tased again, Payne said, but Lewis' taser malfunctioned.</p><p>Vidal's family's statement alleged not only that Vassey called for the teen to be tased again, but said, “We don't have time for this.” </p><p>“That statement was supposed to have been made as Detective Vassey approached the two officers there confronting Mr. Vidal,” Payne said. “That statement is not on the body mic.”</p><p>During the struggle on the floor, Thomas' chest, which was protected by some kind of protective vest, was “tapped or thumped with the hand holding the pick,” Payne said.</p><p>Vassey, standing nearby, saw a blow to Thomas' head or neck get blocked, Payne said. Then another blow came toward Thomas' unprotected head.</p><p>At that moment, Vassey shot Vidal in the chest.</p><p>Vassey was carrying only his service firearm Jan. 5 because detectives aren't required to carry department-issued Tasers when they're in plain clothes, said Jerry Dove, Southport's police chief.</p><p>According to Payne, Thomas' microphone picked up Vassey, in the moments immediately after the shooting, even as paramedics were rushing into the house, saying, “I had no choice.”</p><p>“I know, I know,” Thomas said.</p><p>Vassey has been on paid administrative leave since the incident.</p><p>Dove added he expects to meet with Brunswick County District Attorney Jon David before making a decision about Vassey's employment status within the Southport Police Department.</p><p>“Any person who had been through this sort of tragic incident is just extremely emotional about what they had to do in the course of their duty, the consequences that had to tragically occur and that they had to do what they had to do,” Payne said.</p><p>Adam Wagner: 343-2096</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @AdamWagner1990</p>